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HomeMy WebLinkAbout86 - Ordinances ORDINANCE NO. 86 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A GROWTH MANAGEMENT PLAN TO REGULATE NEW RESIDENTIAL DEVELOPMENT IN THE CITY OF RANCHO CUCAMONGA. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: PURPOSE AND PRIORITY A. Findings 1. Unmanaged residential gr,wth in the City of Rancho Cucamonga can overburden elementary, junior and senior high schools in the community. 2. Unmanaged residential growth can strain public services and result in the impairment of the health, safety and welfare of Rancho Cucamonga. 3. Haphazard and disorderly growth patterns adversely affect the City's and public agency's ability to provide adequate public services for all developments. 4. Minimal architectural and site design criteria of residentia~ development can create a "tract" appearance in the community. Such an appearance detrimentally affects the physical character and image of the City of Rancho Cucamonga. Further, lack of landscaping and design sensitivity can diminish the environmental quality and economic well being of the community. 5. Continued unmanaged growth can ~eriousl¥ impair the City's ability to carry out the goals and policies of the General Plan and can adversely affect the health and welfare of the Community. B. Purpose A Growth Management Plan is designed to implement certain primary goals, policies and objectives of the General Plan. These goals constitute the purpose of a Growth Management Plan and are as follows: 1. To preserve and enhance the physical character of the community. 2. To help ensure that adequate school facilities for all existing and future residential development in the City of Rancho Cucamonga are provided. 3. To help ensure that adequate levels of public services are provided for existing and future development in the City of Rancho Cucamonga. 4. To ensure that minimum design quality in new developments is provided to enhance the aesthetic, environmental, historical and economic well being of the community. 5. To encourage use of energy conservation techniques in new residential development. 6. To help maintain and improve levels of City administrative Page 2 7. To encourage orderly development of residences within areas more readily served by public services. 8. To encourage the development of master planned projects which provide the service needs of the residents of those projects. 9. To encourage the provision of a variety of housing types and encourage affordable housing. C. Scope This ordinance shall apply to ail residential development projects in the City of Rancho Cucamonga, as defined in Section 2. SECTION 2: DEFINITIONS For purposes of this Ordinance, the following terms shall have the meaning indicated: A. City - City in this ordinance refers specifically to the City of Rancho Cucamonga. B. Custom Lot Subdivision - A subdivision which creates parcels to be sold in an undeveloped state to individual owners for development of not more than four units per owner. C. Growth Management Committee - A committee composed of members of the Community Development Department, Community Services Department, Fire District, Cucamonga County Water District, and Police Department in charge of rating Residential Development Projects per the criteria of the Residential Assessment System established by the City Council. D. Mandatory Criteria - Criteria considered essential for all residential development. E. Residential Development Project - Any development which will result in the subdivision of residential lots and/or the construction of new residential dwelling units includin~ single family, multi-family, apartments, condominiums, townhouses, planned communities, planned unit developments, modular units, condominium conversions of dwelling units which have not been built prior to the effective date of this ordinance and mobilehome parks. F. Residential Assessment System - The measuring device, provided by Resolution of the City Council and adopted concurrently herewith, which is composed of a number of rating criteria used for assigning point ratings to proposed residential development projects. G. Threshold Point Limit - The minimum number of points a project is required to receive under the Residential Assessment System in order to receive consideration for approval. H. Total Development - The total review of a residential development project including tentative tract map approval, unit placement, landscaping, design review, etc. I. Tract Subdivision - A subdivision which creates five or more parcels to be developed as a whole by an owner or builder and which hereby shall be required to re-apply as a Total Development. Such re-application shall be required as a condition of tentatffve tract approval which shall be satisfied prior to approval and recordation of the final map. Ordinance No. 86 Page ~ SECTION 3: EXEMPTIONS The following projects shall be specifically exempt from the provisions of this Ordinance. A. Single family, duplex and triplex developments involving a total of four (4) units or less provided that any such application on a parcel shall be on a one time basis only for a two year period from the date of issuance of a building permit for the last unit on said parcel. B. Residential land divisions involving four (4) lots or less provided that any such application on a parcel having the same zoning district shall be on a one time basis only for a two year period from the date of issuance of a building permit for the last unit of the project. Subdivisions for the sole purpose of separating different zoning districts shall be exempt from the provisions of this ordinance. Further divisions of the residential portion of such subdivisions shall be subject to the provisions of this ordinance. C. Government subsidized senior citizen housing projects. D. Renewable building permits issued prior to the effective date of this ordinance. E. Condominium conversions of dwelling units built prior to the effective date of this ordinance. F. Tentative tract maps approved prior to the effective date of this ordinance. G. Site Approval or Director Review applications approved prior to the effective date of this ordinance. SECTION 4: APPLICATION PROCEDURES AND FEES A. Application An application for a residential development project shall be made to the Community Development Department and may be in one of two forms: (1) Total Development package including tentative tract map approval, unit placement, landscaping, design review, etc., and (2) Custom Lot/Tract Subdivision package. The following information shall be included in the Total Development package and the Custom Lot/Tract Subdivision package: 1. Cite Utilization Map including: a. Vicinity Map to show the relationship of the proposed development to adjacent development and surrounding area (small inset map). b. Use Layout Map showing the location and type of proposed residential use or uses, the nature and extent of open space, the extent of any other uses proposed and indication of all adjacent uses. 2. Detailed Site Plan to include detailed information specified in forms provided by the Community Development Department. 3. If residential development project is submitted as a Total Development, then an Illustrative Site Plan to include proposed and existing improvements, landscape concepts and other elements as may be necessary to illustrate the site plan shall be submitted. Page 4. If residential development project is submitted as a Total Development, then a Preliminary Architectural Plan showing typicals of all sides of proposed buildings and structures indicating materials to to used, trees, landscaping, and shadows to give elevations graphic dimension shall be submitted. 5. Conceptual grading and drainage plan and natural features map showing a general indication of type, extent, and time of grading as per requirements of the City's Grading Ordinance. 6. Development Schedule of anticipated proposed project including phasing. B. Fees Although no growth management review fees will be assessed any residential development project, the normal fees for subdivisions, director reviews, site approvals, appeals, extensions, etc., shall be assessed as per City Council Fee Resolution. Said fees shall be non-refundable even in the event the threshold point limit is not met. SECTION 5: MANDATORY CRITERIA Certain residential development criteria are considered essential to ensure General Plan consistency and adequate public services for each residential project. In the event services are not available to developers, the builder, building associations and other individuals and groups are encouraged to work with the school districts and other special districts to solve respective problems in order that services may be available for development. Letters from special districts identifying ability to serve shall be issued based on non-exclusive, non-preferential criteria. The Director of Community Development shall ensure that certain criteria are met prior to final approval of any residential development project subject to the provisions of this ordinance. Such criteria shall be placed as conditions of approval which must be met prior to approval of a final map for a subdivision or prior to issuance of building permits for residential development projects other than subdivisions. Said criteria shall be met in the following order: A. Service Criteria 1. The proposed project must be consistent with the General Plan. This criteria shall be met prior to meeting criteria 2. 2. The applicant shall submit to the Community Development Director written certification from all affected elementary and High School Districts that adequate school facilities are or will be capable of accommodating students generated by the proposed project. This certification shall be obtained prior to meeting criteria 3. 3. The applicant shall submit to the Community Development Director written certification from the affected water district that adequate sewer and water facilities are or will be available to serve the proposed project. For projects using septic facilities allowable by the Santa Ana Regional Water Quality Control Board and the City, written certification of acceptability including all supportive information shall be obtained and submitted to the City. Ordinance No. 86 Page 5 B. Appeals Any aggrieved party who perceives unjustified or inequitable demands by a service agency or agencies under the mandatory criteria may appeal in writing to the Planning Commission stating the justification for the appeal. The Planning Commission will recommend to the City Council as to the dispensation of the Appeal. C. Mandatory Criteria Option Mandatory criteria may be met by the establishment of private service districts to provide public service capacity in lieu of existing public service districts provided that such districts do not violate any federal, state, county or local regulation and are approved by the City Council. SECTION 6: REVIEW AND PROCESSING PROCEDURES FOR RESIDENTIAL DEVELOPMENT A. Establishment of a Residential Assessment System. A Residential Assessment System adopted by the Council shall establish five (5) basic categories and each category shall be assigned a maximum total points which will then be divided into sub-categories for rating purposes. The five basic categories are: (1) Public Services, (2) Design Quality, (3) Affordable Housing, (4) Planned Communities and Planned Unit Developments (PUD), and (5) Orderly Development. Applications for Total Development shall be rated by the Growth Management Committee for (1) Public Services, (2) Affordable Housing, (3) Planned Communities and Planned Unit Developments (PUD) and (4) Orderly Development, and by the Design Review Committee for Design Quality. Applications for Custom Lot/Tract S~bdivisions shall be rated by the Growth Management Committee for (1) Public Services, (2) Site Orientation and Street Design and (3) Orderly Development. After rating, if the project meets or exceeds the Threshold Point Limit, the subdivision will proceed to the Planning Commission for review and action. For those Custom Lot Subdivisions that are proposed to be built as a whole or total project and for Tract Subdivisions that have received Planning Commission approval, re-application under Total Development, Section 1, Resolution No. 79-74, shall be required as a condition of approval to be satisfied prior to approval and recordation of final map. Said re-application may be made at any time and is not subject to the application review dates stated herein. Projects shall be evaluated under the Residential Assessment System Tri-annually by the Community Development Director. Application submittal deadline dates and review dates shall be as follows: Review Period 1 - August l - November 30 Application filing period - August 1 - August 31 Review Period 2 - December i - March 31 Application filing period - December 1 - December 31 Review Period 3 - April 1 - July 31 Application ~ ~ling period - April 1 - April 30 (NOTE: The first application filing period shall be August 1, 1980). Ord£nancc N~. 86 Page 6 A Threshold Point Limit shall be established by the City Council as part of the Residential Assessment System. This Threshold Point Limit shall constitute the minimum number of points a project is required to achieve if it is to be given consideration for approval by the Planning Commission. Those tentative tract applications that were previously filed under the County of San Bernardino but not approved by the San Bernardino County Planning Commission shall not proceed with processing or filing until Review Period 1 as stated above. Within (5) days after the point rating determination, the Community Development Director shall cause a written notice to be mailed (certified) to the applicant stating the point rating for his residential development project and whether his application has received the required Threshold Point Limit for further consideration by the Planning Commission. B. Appeal of Ratings Ratings of applications by the Growth Management Committee and/or the Design Review Committee may be appealed to the Planning Commission by an aggrieved person or body, public or private, within fourteen (14) days after the day of decision. The decision of the Planning Commission of any such appeal may be appealed to the City Council by any aggrieved party in the same manner and time limitations as are set forth for the filing of an appeal with the Planning Commission. The decision of the C~ty Council shall be final. SECTION 7: PLANNING CObIMISSION REVIEW Applications subject to the provisions of this ordinance and subject to Planning Commission review and approval shall be evaluated in terms of environmental review and clearance, subdivision review pursuant to the State Subdivision Map Act, and residential development project review pursuant to the Growth Management Plan. The Planning Commission shall approve or deny the project after said review. The Planning Commission shall also hear appeals of point ratings as described in Section 6B. SECTION 8: BUILDING PERMIT ISSUANCE No building permits shall be issued for any residential dwelling unit which is subject to the provisions of this Ordinance without approval as provided herein. SECTION 9: TIME LIMITS FOR APPROVAL A. ~xpiration of Approval The following provision shall apply to applications for Residential Development Projects except as specifically exempted by Section 3 of this ordinance. Residential development projects approved after the effective date of this Ordinance shall expire after twelve (12) months from date of approval. B. Extension of Tentative Subdivision Approval A person who has filed a tentative subdivision may request an extension of approval or conditional approval from the Planning Commission by written application to the Community Development Department. Such an extension request application must be filed at least sixty (60) days before the approval or conditional approval is due to expire. The application shall contain a statement of the reasons for the extension and a detailed description of the progress made towards meeting all the Ordinance .X~o. 86 Page 7 conditions for final approval. If an extension is granted, new conditions may be imposed and existing conditions may be revised by the Planning Commission. Any extension of a subdivision shall not exceed a period of eighteen (18) months. SECTION 10: ANNUAL REVIEW AND EXPIRATION This Ordinance shall be reviewed annually by the City Council and Planning Commission and shall be of no further force or effect after a period of five (5) years from the date of adoption of this Ordinance, nnless extended by Ordinance of the City Council. SECTION 11: OTHER LAWS, ORDERS AND ORDINANCES Nothing in this Ordinance shall be deemed to affect, annul or abrogate any other laws or ordinances pertaining or applicable to the properties and areas affected by this Ordinance, nor shall it be deemed to conflict with any State laws, orders or requirements affecting such properties or areas. In the event that a conflict does arise, the more restrictive ordinance shall apply. SECTION ]2: SEVERABILITY The invalidity of any work, section, clause, paragraph, sentence, part or provisions of this Ordinance shall not affect the validity of any part of th£~ Ordinance which can be given affect without such invalid part or parts. This Ordinance shall be in full force and effect at 12:01 a.m. on the 3]st dav after its adoption. SECTION 13: The Mayor shall sign this Ordinal~ce and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at ~east once in The Daily Report, a newspaper of general circnlation published in the City of Ontario, California, and circulated in the City of Rancho Cncamonga, California. PASSED, APPROVED, and ADOPTED this 21st day of November, 1979. AYES: Schlosser, Bridge, Palombo, Mikels, Frost NOES: None ABSENT: None ATTEST: ~ay~O~~ C~ty Clerk